### 60307 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations

this section who are surviving on the date of the decedent’s death in the following order of precedence:

(A) To the next eligible beneficiary designated by the decedent in a writing received by the appropriate office of the applicable uniformed service before the decedent’s death in the uniformed services in the case of Servicemembers’ Group Life Insurance proceeds or a Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit, or in a writing received by the administrative office defined in § 9.1(b) of this part before the decedent’s death in the case of Veterans’ Group Life Insurance proceeds;

(B) To the decedent’s widow or widower;

(C) To the decedent’s child or children, in equal shares, and descendants of deceased children by representation;

(D) To the decedent’s parents, in equal shares, or to the survivor of them;

(E) To the duly appointed executor or administrator of the decedent’s estate;

(F) To other next of kin of the decedent as determined by the insurer (defined in § 9.1(c) of this part) under the laws of the domicile of the decedent at the time of the decedent’s death.

(ii) Payment of Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance proceeds or a Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit to any person under paragraph (e)(4)(i) of this section shall bar recovery of those proceeds or that benefit by any other
person. * * * * * [FR Doc. 2012–24391 Filed 10–2–12; 8:45 am]

**BILLING CODE 8320–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R04–OAR–2010–1014; FRL–9734–4]**

**Approval and Promulgation of Implementation Plans; Kentucky**  **110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006**  **Fine Particulate Matter National Ambient Air Quality Standards** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  EPA is taking final action to approve in part, and conditionally approve in part, the State Implementation Plan (SIP) revisions, submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), as demonstrating that the Commonwealth meets certain requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ‘‘infrastructure’’ SIP. The Commonwealth certified that the Kentucky SIP contains provisions that ensure the 1997 annual and 2006 24- hour PM 2.5 NAAQS are implemented, enforced, and maintained in the Commonwealth (hereafter referred to as ‘‘infrastructure submission’’). With the exception of elements 110(a)(2)(C), 110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 110(a)(2)(J), EPA is today finalizing its determination that Kentucky’s infrastructure submissions, provided to EPA on August 26, 2008, and July 17, 2012, addressed all the required infrastructure elements for the 1997 annual and 2006 24-hour PM2 NAAQS. In addition, EPA is today taking final action to approve Kentucky’s July 17, 2012, submittal addressing the requirements of section 128 of the CAA. Final approval of these substantive revisions to the Kentucky SIP also enables EPA to take final action today approving the Commonwealth’s infrastructure SIP as meeting the state board requirements of section 110(a)(2)(E)(ii). Lastly, EPA is taking final action to conditionally approve elements 110(a)(2)(C) and (J) of Kentucky’s 1997 annual and 2006 24- hour PM 2.5 NAAQS infrastructure SIP.

**DATES :**  This rule is effective November 2, 2012.

**ADDRESSES :**  EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2010–1014. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the **FOR**
**FURTHER INFORMATION CONTACT** section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30 excluding Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Sean Lakeman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9043. Mr. Lakeman can be reached via electronic mail at lakeman.sean@epa.gov.

**SUPPLEMENTARY INFORMATION :** 
Table of Contents
I. Background II. This Action III. Final Action IV. Statutory and Executive Order Reviews I. Background

Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and (2) of the CAA require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR 38652), EPA promulgated a new annual PM 2.5 NAAQS and on October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On August 3, 2012, EPA proposed to approve in part, and conditionally approve in part, Kentucky’s August 26, 2008, and July 17, 2012, infrastructure submissions for the 1997 annual and 2006 24-hour PM 2.5 NAAQS. See 77 FR 46352. A summary of the background for today’s final action is provided below. See EPA’s August 3, 2012, proposed rulemaking at 77 FR 46352 for more detail.

Section 110(a) of the CAA requires states to submit SIPs to provide for the implementation, maintenance, and enforcement of a new or revised NAAQS within three years following the promulgation of such NAAQS, or within such shorter period as EPA may prescribe. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances. The data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affects the content of the submission. The contents


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1 Two elements identified in section 110(a)(2) are not governed by the three year submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation of a new or revised NAAQS, but rather are due at the time the nonattainment area plan requirements are due pursuant to section 172. These requirements are: (1) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in part D Title I of the CAA, and (2) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I of the CAA. Today’s final rulemaking does not address infrastructure elements related to section 110(a)(2)(I) or the nonattainment plan requirements of section 110(a)(2)(C).

2 This rulemaking only addresses requirements for this element as they relate to attainment areas.

3 Today’s final rule does not address element 110(a)(2)(D)(i) (Interstate Transport) for the 1997 and 2006 PM 2.5 NAAQS. 4 This requirement was inadvertently omitted from EPA’s October 2, 2007, memorandum entitled ‘‘Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and PM 2.5 National Ambient Air Quality Standards,’’ but as mentioned above is not relevant to today’s final rulemaking. of such SIP submissions may also vary depending upon what provisions the state’s existing SIP already contains. In the case of the 1997 annual and 2006 24-hour PM 2.5 NAAQS, states typically have met the basic program elements required in section 110(a)(2) through earlier SIP submissions in connection with previous PM NAAQS.

More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for ‘‘infrastructure’’ SIP requirements related to a newly established or revised NAAQS. As already mentioned, these requirements include SIP infrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS. The requirements that are the subject of this final rulemaking are listed below 1 and in EPA’s October 2, 2007, memorandum entitled ‘‘Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8- Hour Ozone and PM 2.5 National Ambient Air Quality Standards’’ and September 25, 2009, memorandum entitled ‘‘Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM 2.5 ) National Ambient Air Quality Standards.’’

• 110(a)(2)(A): Emission limits and other control measures.

• 110(a)(2)(B): Ambient air quality monitoring/data system.

• 110(a)(2)(C): Program for enforcement of control measures. 2

• 110(a)(2)(D): Interstate transport. 3

• 110(a)(2)(E): Adequate resources.

• 110(a)(2)(F): Stationary source monitoring system.

• 110(a)(2)(G): Emergency power.

• 110(a)(2)(H): Future SIP revisions. • 110(a)(2)(I): Areas designated nonattainment and meet the applicable requirements of part D. 4

• 110(a)(2)(J): Consultation with government officials; public notification; and PSD and visibility protection.

• 110(a)(2)(K): Air quality modeling/ data.

• 110(a)(2)(L): Permitting fees.

• 110(a)(2)(M): Consultation/ participation by affected local entities.

II. This Action

Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ‘‘infrastructure’’ SIP. The Commonwealth certified that the Kentucky SIP contains provisions that ensure the 1997 annual and 2006 24- hour PM 2.5 NAAQS are implemented, enforced, and maintained in the Commonwealth.

Today, EPA is taking final action on three actions related to Kentucky’s section 110(a) obligations associated with the 1997 annual and 2006 24-hour PM 2.5 NAAQS. First, EPA has determined that, as described in its infrastructure submissions, Kentucky’s SIP meets the section 110(a)(2) infrastructure requirements for both the 1997 annual and 2006 24-hour PM 2.5 NAAQS with the exception of elements 110(a)(2)(C) respecting prevention of significant deterioration (PSD) requirements, 110(a)(2)(D)(i) regarding interstate transport, and 110(a)(2)(J) respecting PSD requirements. Second, EPA is approving Kentucky’s July 17, 2012, submission requesting approval of Kentucky Revised Statutes (KRS) Chapters 11A.020, 11A.030, 11A.040, 224.10–020 and 224.10–100 into the SIP to address element 110(a)(2)(E)(ii), related to state board requirements. Third, with respect to elements 110(a)(2)(C) and 110(a)(2)(J) as they both relate to PSD requirements, EPA is finalizing a conditional approval for these elements. On July 3, 2012, the Commonwealth submitted a commitment letter to EPA requesting conditional approval of outstanding requirements related to sections 110(a)(2)(C) and 110(a)(2)(J). In this letter, Kentucky provided a schedule on how the Commonwealth will address outstanding requirements promulgated in the New Source Review (NSR) PM2.5 Rule related to the PM 2.5 standard for their PSD program and committing to providing the necessary SIP revision to address these NSR PM 2.5 Rule requirements. This letter of commitment meets the requirements of section 110(k)(4) of the CAA. See EPA’s August 3, 2012, proposed rulemaking at 77 FR 46352 for more detail. If the Commonwealth fails to submit these revisions by October 3, 2013, today’s conditional approval will automatically become a disapproval on that date and EPA will issue a finding of disapproval. EPA is not required to propose the finding of disapproval. If the conditional approval is converted to a disapproval, the final disapproval triggers the Federal Implementation Plan requirement under section 110(c). However, if the State meets its commitment within the applicable timeframe, the conditionally approved submission will remain a part of the SIP until EPA takes final action approving or disapproving the new submittal.

Kentucky’s infrastructure submissions, provided to EPA on August 26, 2008, and July 17, 2012, and the July 3, 2012, letter of commitment address all the required infrastructure elements for the 1997 annual and 2006 24-hour PM 2.5 NAAQS with the exception of element 110(a)(D)(i). For those infrastructure elements for which EPA is today finalize approval, the Agency has determined that the Commonwealth’s August 26, 2008, and July 17, 2012, submissions are consistent with section 110 of the CAA.

EPA received one off-topic comment on its August 3, 2012, proposed rulemaking to approve Kentucky’s August 26, 2008, and July 17, 2012, infrastructure submissions as meeting the requirements of sections 110(a)(1) and (2) of the CAA for the 1997 annual and 2006 24-hour PM2.5 NAAQS.

The comment was focused on the promulgation of the particulate matter NAAQS, and not the current rulemaking action. The Commenter stated that EPA PM 2.5 standard forces expensive mandates on states and industry and the designation process places a strain on local resources and discourages economic growth and EPA should withdraw the PM 2.5 standard. Also, the Commenter stated that EPA should consider public interest prior to entering into consent decrees.

This comment does not appear to be related to the issues presented in the proposed rulemaking—and instead, related to a wholly separate topic, promulgation of the PM NAAQS. The Commenter did not provide comments


### 60309 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations

relevant to EPA’s August 3, 2012, proposed approval of Kentucky’s infrastructure submissions for the 1997 annual and 2006 24-hour PM 2.5 NAAQS. Instead, the Commenter appears to be providing comment on EPA’s promulgation of PM NAAQS. Promulgations of NAAQS involve public comment opportunities and that would be the time to raise concerns specific to a particular NAAQS. Additionally, with regard to Commenter’s general statement about consent decrees, although it is not clear to which specific consent decree commenter is referring, the CAA does provide for opportunities for public input regarding certain consent decrees.

EPA does not interpret these comments as relevant to the topic of EPA’s proposed action on August 3, 2012, which is proposed approval, in part, and conditional approval, in part, of Kentucky’s infrastructure submissions for the existing 1997 annual and 2006 24-hour PM 2.5 NAAQS. Instead, EPA interprets these comments to be off-topic and outside of the scope of today’s final rulemaking.

Kentucky’s infrastructure submissions, provided to EPA on August 26, 2008, and July 17, 2012, and the July 3, 2012, letter of commitment address all the required infrastructure elements for the 1997 annual and 2006 24-hour PM 2.5 NAAQS with the exception of element 110(a)(D)(i). For those infrastructure elements for which EPA is today finalize approval, the Agency has determined that the Commonwealth’s August 26, 2008, and July 17, 2012, submissions are consistent with section 110 of the CAA.

III. Final Action

As already described, Kentucky has addressed the elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to EPA’s October 2, 2007, guidance to ensure that 1997 annual and 2006 24-hour PM 2.5 NAAQS are implemented, enforced, and maintained in the Commonwealth with the exception of the elements noted above. EPA is taking final action to approve in part, and conditionally approve in part, Kentucky’s August 26, 2008, and July 17, 2012, submissions for 1997 annual and 2006 24-hour PM 2.5 NAAQS because these submissions are consistent with section 110 of the CAA. These actions are not approving any specific rule, but rather making a determination that Kentucky’s already approved SIP meets certain CAA requirements.

In addition, EPA is also taking final action to approve KRS Chapters 11A.020, 11A.030, 11A.040, 224.020 and 224.10–100 in the SIP. IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by Commonwealth law. For that reason, this action:

• Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register

. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 3, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: September 13, 2012. A. Stanley Meiburg, Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

**PART 52—[AMENDED]**

■ 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.
**Subpart S—Kentucky**

■ 2. Section 52.919 is revised to read as follows:

**§ 52.919 Identification of plan-conditional approval.** 

Kentucky submitted a letter to EPA on July 3, 2012, which includes a commitment to address the State Implementation Plan deficiencies


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regarding requirements of Clean Air Act sections 110(a)(2)(C) and 110(a)(2)(J) as they both relate to Prevention of Significant Deterioration (PSD) infrastructure requirements for the 1997 annual and 2006 24-hour fine particulate matter (PM 2.5 ) national ambient air quality standards. EPA is conditionally approving Kentucky’s schedule to address outstanding requirements promulgated in the New Source Review (NSR) PM 2.5 Rule related to the PM 2.5 standard for their PSD program and committing to providing the necessary SIP revision to address these NSR PM 2.5 Rule requirements. If the Commonwealth fails to submit these revisions by October 3, 2013, the conditional approval will automatically become a disapproval on that date and EPA will issue a finding of disapproval.

■ 3. Section 52.920 is amended by:

■ a. In paragraph (c), adding in numerical order a new entry for ‘‘Kentucky Revised Statutes (KRS)’’ at the end of the table 1 to read as follows:

■ b. In paragraph (e), adding two new entries for ‘‘110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine Particulate Matter National Ambient Air Quality Standards’’ and ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine Particulate Matter National Ambient Air Quality Standards’’ at the end of the table to read as follows:

**§ 52.920 Identification of plan.**

* * * * *

(c) * * *



### TABLE 

### 1—EPA-A PPROVED 

### K ENTUCKY 

### R EGULATIONS

State citation Title/subject State effective date EPA approval date Explanations

*******

**Kentucky Revised Statutes (KRS)**

KRS Chapter 11A.020 ............ Public servant prohibited fromcertain conduct-ExceptionDisclosure of personal or private interest. 7/15/1998 10/3/2012 [Insert citation of publication].

KRS Chapter 11A.030 ............ Considerations in determination to abstain from action on official decision-Advisory opinion. 7/14/1992 10/3/2012 [Insert citation of publication].

KRS Chapter 11A.040 ............ Acts prohibited for public servant or officer-exception. 7/16/2006 10/3/2012 [Insert citation of publication].KRS Chapter 224.10–020 ...... Department within the cabinet-Offices and divisionswithin the departments-Appointments. 7/15/2010 10/3/2012 [Insert citation of publication].

KRS Chapter 224.10–100 ...... Powers and duties of cabinet 8/30/2007 10/3/2012 [Insert citation of publication].

* * * * * (e) * * *



### EPA-A PPROVED 

### K ENTUCKY 

### N ON



### - REGULATORY 

### P ROVISIONS

Name of non-regulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approval date Explanations

*******110(a)(1) and (2) Infrastructure Requirements for 1997Fine Particulate Matter National Ambient Air Quality Standards. Kentucky ................................ 8/26/2008 10/3/2012 [Insert citation of publication]. With the exception of section110(a)(2)(D)(i), With respect to sections 110(a)(2)(C) related to PSD requirements and 110(a)(2)(J) related to PSDrequirements, EPA conditionally approved these requirements.110(a)(1) and (2) Infrastructure Requirements for 2006Fine Particulate Matter National Ambient Air Quality Standards. Kentucky ................................ 7/17/2012 10/3/2012 [Insert citation of publication]. With the exception of section110(a)(2)(D)(i), With respect to sections 110(a)(2)(C) related to PSD requirements and 110(a)(2)(J) related to PSDrequirements, EPA conditionally approved these requirements.


### 60311 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations

[FR Doc. 2012–23988 Filed 10–2–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 180**

**[EPA–HQ–OPP–2012–0029; FRL–9362–5]**

**Chlorantraniliprole; Pesticide Tolerances** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  This regulation establishes tolerances for residues of chlorantraniliprole in or on multiple commodities which are identified and discussed later in this document. E.I. DuPont de Nemours and Company, DuPont Crop Protection, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

**DATES :**  This regulation is effective October 3, 2012. Objections and requests for hearings must be received on or before December 3, 2012, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the

**SUPPLEMENTARY INFORMATION** ).

**ADDRESSES :**  The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2012–0029, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available
at http://www.epa.gov/dockets.

**FOR FURTHER INFORMATION CONTACT :**  Jennifer Urbanski, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 347–0156; email address: urbanski.jennifer@epa.gov.

**SUPPLEMENTARY INFORMATION :** 
I. General Information A. Does this action apply to me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

• Crop production (NAICS code 111).

• Animal production (NAICS code 112).

• Food manufacturing (NAICS code 311).

• Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information?

You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/ text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ Title40/40tab

_02.tpl. C. How can I file an objection or hearing request?

Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2012–0029 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before December 3, 2012

. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2012–0029, by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

• Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001.

• Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/ contacts.htm.

Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http:// www.epa.gov/dockets.
II. Summary of Petitioned-For Tolerance

In the Federal Register of April 4, 2012 (77 FR 20344) (FRL–9340–4), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 1F7954) by E.I. DuPont de Nemours and Company, DuPont Crop Protection, 1007 Market Street, Wilmington, DE 19898. The petition requested that 40 CFR 180.628 be amended by establishing tolerances for residues of the insecticide chlorantraniliprole,3-bromo-N-[4- chloro-2-methyl-6- [(methylamino)carbonyl]phenyl]-1-(3- chloro-2-pyridinyl)-1H-pyrazole-5- carboxamide, in or on oilseed, rapeseed subgroup 20A at 2.0 parts per million (ppm); oilseed, sunflower subgroup 20B at 2.0 ppm; oilseed, cottonseed subgroup 20C at 0.3 ppm; soybean aspirated grain fractions at 300 ppm; vegetable, legume, group 6 at 2.0 ppm; vegetable, foliage of legume, group 7 at 30 ppm; and forage, vegetable, foliage of legume, group 7 at 90 ppm. That document referenced a summary of the petition prepared by E. I. DuPont de Nemours and Company, the registrant, which is available in the docket, http://www.regulations.gov. Comments were received on the notice of filing. EPA’s response to these comments is discussed in Unit IV.C.

Based upon review of the data supporting the petition, EPA has revised the tolerance associated with aspirated grain fractions to 640 ppm. EPA is also increasing the existing tolerances in cattle, fat; goat, fat; horse, fat; and sheep, fat to 0.5 ppm. EPA has also increased the existing tolerances in cattle, meat; goat, meat; horse, meat; and sheep, meat to 0.1 ppm. The reason for these changes are explained in Unit IV.D.